‘Something is wrong’
Maplehurst inmates sue over lockdown frequency,
There have been at least 300 inmate lockdowns throughout the past two years at Maplehurst Correctional Complex in west Toronto, the Star has learned.
Both full and partial lockdowns occur at a rate of one every other day, according to a lockdown log Maplehurst was ordered to produce in a court battle launched by fed up inmates.
The lockdowns are affecting the prison’s 1,002 inmates, which include sentenced convicts, those awaiting sentencing, suspects still presumed innocent and immigration detainees.
Affidavits obtained by the Star show prisoners complaining that the lockdowns prevent them from seeing legal counsel and family, accessing medication, attending rehab and addiction programs and even showering.
Ontario’s Ministry of Community Safety and Correctional Services declined to comment on the ongoing litigation. “The Ministry’s response to matters before the court will be made in court, not in the media,” spokesman Brent Ross told the Star.
Immigration detainee Jamil Ogiamien sparked the lawsuit in July of last year when he filed what is known as a habeas corpus application with the Superior Court of Justice, which allows prisoners to argue their detainment is unlawful. Ogiamien and a coapplicant allege they and 60 other inmates face a frequency of lockdowns at Maplehurst that constitute a form of cruel and unusual punishment.
The inmates are not asking for money but hope that the legal process will force the government to acknowledge that the lockdowns are causing undue suffering.
“This lawsuit is to make change,” Ogiamien said. “The government needs to overhaul the system.”
The 46-year-old has been detained at Maplehurst since April 2013 on an immigration hold as he waits for the federal government to resolve his status, according to Toronto immigration lawyer Barbara Jackman. She was appointed by the court as an amicus, or “friend of the court,” to assist the court by advising Ogiamien on legal and procedural matters.
He is not being detained because of a crime, she said, but because officials believe he will not voluntarily leave Canada if required.
“Right now, I’ve been in lockdown for six days,” Ogiamien said in a telephone interview.
“People have been banging on the doors all day and night out of frustration. “It is madness.” Other inmates’ allegations, which have not been proven in court, cite hygienic and social ills. Many claim that back-to-back lockdowns left them been unable to access showers for several days.
Another decried being confined to his cell and outfitted with only a single pair of underwear without access to toiletries and laundry machines for a week straight. Unscheduled lockdowns also sparked repeated concerns about inmates allegedly unable to attend scheduled meetings and phone calls with family and lawyers.
“I have also had my kids ask why I don’t call them and if I don’t love them because of something they’ve done,” wrote Francesco Germain in an affidavit. “This is sickening to me.” In an earlier statement, Ross said lockdowns can be caused by several factors such as a staffing shortage or the need to search the complex.
In an effort to address the root causes of staffing-related lockdowns, the ministry has hired more officers across Ontario and continues to work closely with staff to manage daily staffing requirements and ensure the safe and secure operation of its facilities.
“When a lockdown does occur, every effort is made to maintain the regular schedule of visits, programming and other services,” Ross said in an email.
Some lockdowns can last a day or several days. During this time, the inmate is confined to the cell.
Jackman told the Star the lockdowns presented obstacles in helping Ogiamien prepare the affidavits for the case.
“It took several days for my staff to get inmate affidavits signed because they couldn’t get in to Maplehurst due to the lockdowns,” she said.
Rehabilitative programming such as anger management courses, addiction treatments and Bible studies are not offered during lockdowns.
The Superior Court of Justice in Milton began hearing evidence in the case on Thursday against the backdrop of a looming provincewide strike. Barring a last-minute change at the negotiation table this weekend, Ontario corrections workers are slated to walk off the job at 12:01a.m. Sunday.
Monte Vieselmeyer, a Toronto-area correctional officer and chairman of the Ontario Public Service Union Employee corrections division, told the Star the situation inside Maplehurst and at other facilities across the province “has gotten out of control.”
“Lockdowns are on the rise across the province, absolutely,” he said. “It’s not a safe environment for anybody, the offenders or the staff.”
The Star reported last year that lockdowns were soaring across Ontario jails because of staff shortages.
A local union representative said about 350 correction officers are employed at Maplehurst. According to the Ministry, 37 additional officers have been hired at the facility since 2013.
Despite the ongoing labour relations, criminal defence lawyer Breese Davies called the lockdown number “astounding.”
“Lockdowns should be very few and far between in a properly run institution,” she said. “If they occur on an almost daily basis, then something is wrong with the management of the institution.”
The vice-president of the Criminal Lawyers Association pointed to chronic underfunding of the crimi- nal justice system as one source of the issue. However, she warned an upcoming strike by corrections staff will only exacerbate the problem.
“Presumably, the jail will be a lockdown every single day,” she said. “It’s a fight (the inmates) ought not to be in the middle of.”
Ross, the ministry spokesman, told the Star in an email: “Contingency plans are in place to maintain the safe and secure operation of our correctional facilities and probation and parole offices across the province, but right now, our focus is on reaching an agreement.”